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Contemporary Discussions in Shī ͑ī Legal Theory
In Visions of Sharīʿa Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory ( uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought. Bringing together authoritative voices and emerging scholars, from both ‘traditional’ seminaries and ‘Western’ academies, the distinct critical insider and emic accounts provided develop a novel avenue in Islamic legal studies. Contextualised through reference to the history of Shīʿī legal theory as well as contemporary juristic practice and socio-political considerations, the volume demonstrates how one of the most intellectually vibrant and developed discourses of Islamic thought continues to be a key forum for exploring visions of Sharīʿa.
To which extent is it legitimate, in view of freedom of conscience and religion, to sanction individuals for refusing to take part in an activity they claim to be incompatible with their moral or religious convictions? To answer this question, this study first clarifies some of the concepts of conscientious objection. Then it examines the case law of international bodies and draws distinctions in order to differentiate several types of objections, hence identifying the evaluation criteria applicable to the respect that each one deserves. Finally, this study proposes indications as to the rights and obligations of the State in front of those different types of objections.
In Freedom of Religion and Its Regulation in Nigeria: Analysis of Preaching Board Laws in Some States of Northern Nigeria, Ahmed Salisu Garba provides an account of how states in Northern Nigeria have enacted laws to regulate religious preaching in the spheres of influence. The work examines the debates surrounding the laws and how the state in collaboration with dominant religious groups persecuted members of minority religious in the states.
The author applied an argumentative approach to raise and analyse issues relating to the reasonability of the laws in Nigeria, reasons for their enactment, judicial review mechanisms employed in the determination of the reasonability of the laws in democracies, and how they accord with the freedom of religion clause in the Nigerian Constitution.